Swearingen opposed hemp and marijuana bill

State Rep. D.J. Swearingen, R-Huron, voted against legalizing adult-use marijuana when it appeared on the ballot about two years ago, and he's not a marijuana consumer. But Swearingen was the only "no" vote among local lawmakers when the final version of Senate Bill 56 passed the House 52-34 on Nov. 19, a measure that essentially banned intoxicating hemp sales in Ohio and set new rules for marijuana sale and use. Local House members who voted for the bill included state Rep. Gary Click, R-Vickery, and state Rep. Kellie Deeter, R-Norwalk. The measure passed the Ohio Senate 22-7 on Tuesday, with state Sen. Theresa Gavarone, R-Bowling Green and state Sen. Bill Reineke, R-Tiffin, voting in favor. Swearingen says it may seem odd that he was the only local "no" vote. "It was an interesting position for me to be in. Again, I voted against the initiated statute. As a lawmaker, you try to do what's fair with what you're given," he said. Swearingen said there are portions of the bill he liked. He supports the ban on smoking weed in public places such as parks. Many constituents have said they don't want to deal with the smell of pot, he said. He's also pleased that local communities that allowed marijuana dispensaries will finally recieve all of the tax revenue they were promised. Swearingen said he supports respecting the will of the voters, so he's pleased that major changes originally supported by Ohio Senate leaders were turned back, such as hiking taxes on dispensary sales and reducing the number of marijuana plants that can be grown at home. But Swearingen said he thought portions of the final version of Senate Bill 56 were unfair and forced him to vote against it. Why he voted 'no' His biggest concern is that the measure essentially bans intoxicating hemp sales in Ohio, a provision that he said will threaten many Ohio small businesses. It would have been much more fair to keep intoxicating hemp sales but regulate it with rules similar to those for marijuana dispensaries, such as establishing age limits and requiring testing, Swearingen contends. Small businesses that took out loans will suddenly have a major product taken away, he said. "I just didn't think it was very fair," he said. Swearingen also thinks the effect of the bill will be to shift intoxicating hemp sales from local businesses that provide jobs and property taxes to online retailers. If DeWine signs the bill into law, as Swearingen expects, legal challenges likely will be filed in court, he said. Swearingen said he also opposed a provision banning marijuana consumers from buying marijuana in Michigan, where such products are cheaper, and bringing them into Ohio. That amounts to regulating interstate commerce, usually the responsibility of the federal government, between two states in which marijuana possession and use have been legalized for adults. Legally, "I'm not sure we can do that," he said. Swearingen added, "How can we enforce it, and is that the best use of our resources?"